HRS § 514A-16 - Liens against apartments; removal from lien; effect of part payment

(a) Subsequent to substantial completion of the project and the recordation of the first conveyance or lease of an apartment in the project to a bona fide purchaser, and thereafter while the property remains the subject of a condominium property regime, no lien shall arise or be created against the common elements. Following such completion and first recordation, liens may arise or be created only against the several apartments and their respective common interests. During such period while (1) The developer retains ownership of any apartment other than: (A) The mere reservation of legal title under an agreement of sale to a bona fide purchaser; and (B) The apartment in respect of which a binding contract of sale has been entered into with a bona fide purchaser but which has not, at the time of filing of the application of a mechanic's lien, closed escrow; or (2) Any other person retains ownership of any apartment prior to the first conveyance or lease of such apartment to a bona fide purchaser, mechanics' and materialmen's liens may arise or be created for labor or material furnished in project construction performed before the completion of construction, and such liens shall affect every apartment and its respective common interests so retained until released or until the period for making application for such liens has expired without any such application having been filed. (b) Labor performed on or materials furnished to an apartment shall not be the basis of a lien pursuant to part II of chapter 507 against the apartment of any apartment owner not expressly consenting to or requesting the same, except that express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto. No labor performed on or materials furnished to the common elements shall be the basis of a lien thereon. [L 1977, c 98, pt of §2 and c 193, §8; am L 1988, c 65, §2; am L 1989, c 146, §1] Case Notes Mechanics' and materialmen's liens discussed. 50 H. 540, 445 P.2d 109. Hawaii Legal Reporter Citations Not applicable against common elements. 77-1 HLR 77-199.